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DEPARTMENT OF CORRECTIONS

 

DIVISION 117

PERSONAL PROPERTY (INMATE)

291-117-0005

Authority, Purpose, and Policy

(1) Authority: The authority for this rule is granted to the Director of the Department of Corrections in accordance with ORS 179.040, 423.020, 423.030, and 423.075.

(2) Purpose: The purpose of this rule is to establish policy and procedures for inmates in Department of Corrections facilities, to acquire, possess, store and dispose of property consistent with sound correctional practices and the safe, secure, orderly and efficient operation and management of Department facilities.

(3) Policy: Within the inherent limitations of resources and the need for facility security, safety, health and good order, it is the policy of the Department of Corrections that inmates are authorized to acquire, possess, store and dispose of property in accordance with and subject to the procedures and restrictions set forth in these rules. Primary objectives of these rules are:

(a) To provide for the processing of inmate personal property in a prompt, orderly and efficient manner;

(b) To prevent the introduction and creation of contraband or articles which could constitute a safety and/or security hazard;

(c) To limit the amount of personal property which may be acquired and retained consistent with sound correctional practices, taking into consideration available space, accountability, fire, health, safety, sanitation, and security needs;

(d) To provide for the safekeeping, storage, or disposal of inmate personal property; and

(e) To allow personal property to transfer with an inmate from one Department of Corrections facility to another Department of Corrections facility.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 18-1978, f. 8-21-78, ef. 8-23-78; CD 3-1981(Temp), f. & ef. 2-5-81; CD 9-1981, f. & ef. 5-5-81; CD 11-1983, f. & ef. 2-18-83; CD 21-1985, f. & ef. 8-2-85; CD 14-1987, f. & ef. 2-6-87; CD 11-1992(Temp), f. 3-31-92, cert. ef. 4-15-92; CD 22-1992, f. & cert. ef. 10-9-92; DOC 6-2004, f. & cert. ef. 7-19-04

291-117-0008

Definitions

(1) Authorized Legal Material: Pleadings (i.e., complaint, petition or answer), legal motions and memoranda, affidavits, court orders and judgments, correspondence, and other necessary documents (including discovery and exhibits), in or directly pertaining to an inmate's own pending and active case(s), lawsuit(s) before the courts or paroling authorities.

(2) Contraband: Any article or thing which an inmate is prohibited by statute, rule or order from obtaining, possessing, creating, or which the inmate is not specifically authorized to obtain or possess or which the inmate alters without authorization.

(3) Department of Corrections Facility: Any institution, facility, or staff office, including the grounds, operated by the Department of Corrections.

(4) Functional Unit Manager: Any person within the Department of Corrections who reports to either the Director, an Assistant Director, or an administrator and has responsibility for delivery of program services or coordination of program operations.

(5) General Population Housing: Cell or dormitory housing for general population inmates whose assignment is not restricted or segregated for disciplinary or programming reasons.

(6) Inmate: Any person under the supervision of the Department of Corrections who is not on parole, post-prison supervision, or probation status.

(7) Special Housing: Housing for inmates whose assignment is administrative segregation, disciplinary segregation, Special Management Unit, Infirmary, Intensive Management Unit, and Death Row.

(8) Staff Chaplain: A person employed full-time or contracted by the Department of Corrections to provide religious services to inmates in Department of Corrections facilities.

(9) State-Issued Property: Items that are issued to the inmate by the department for his/her personal use.

Stat. Auth.: ORS 170.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: CD 14-1987, f. & ef. 2-6-87; CD 11-1992(Temp), f. 3-31-92, cert. ef. 4-15-92; CD 22-1992, f. & cert. ef. 10-9-92; DOC 6-2004, f. & cert. ef. 7-19-04

291-117-0070

Inmate Property (General)

(1) Each Department of Corrections facility shall have a specific location(s) where inmate property may be securely stored when not in the possession of the inmate and where property records are maintained.

(2) Property Limit: Inmate property shall not exceed the capacity of storage space located in the inmate's assigned housing area and designated by the functional unit manager/designee for the storage of inmate personal property. Designated storage space includes, but is not limited to, drawers, storage box(es), cabinet(s), shelf(ves), clothing hook(s), or under the bunk. Inmates shall be informed of the storage space capacity of the facility where they are assigned.

(3) All inmate property shall be stored neatly in designated storage space(s) when not in use.

(4) All unbound paper products shall be cleared from open areas when not in use, and placed in designated storage, except as authorized by the functional unit manager/designee.

(5) Inmates are solely responsible for the care and safekeeping of their personal property while it is in their possession.

(6) All personal property must be acquired through authorized means.

(7) Property items offered as part of a non-cash incentive program will be handled in accordance with theses rules and the department's rule on Performance Recognition and Award System (Inmate) (OAR 291-077).

(8) Inmates are responsible for retaining canteen receipts for property purchased after the effective date of this rule. Receipts shall be retained as proof of purchase for as long as the property is in the inmate's possession.

(9) Inmates are required to retain authorization slips for property acquired though any other approved process after the effective date of this rule. Slips shall be retained as proof of authorization for as long as the property is in the inmate's possession.

Stat Auth: ORS 179.040, 423.020, 423.030 & 423.075
Stat Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 6-2004, f. & cert. ef. 7-19-04

291-117-0080

Authorized Inmate Property

(1) Each inmate may possess authorized personal property and state-issued clothing not to exceed the capacity of the designated storage space located in the inmate's assigned housing area. Each inmate is authorized to posses only the following personal property items:

(a) One television;

(b) One CD player;

(c) One portable/pocket radio;

(d) One radio/tape player (boom box): An existing radio/tape player (boom box) acquired through authorized means and possessed by the inmate prior to the effective date of this rule may be retained by the inmate until transfer or release.

(e) One alarm clock;

(f) Jewelry: One plain, smooth wedding band, without stones or protrusions (must be married to possess), and one watch purchased through the canteen;

(g) Religious Items: Items authorized for religious use by inmate in accordance with the rule on Religious Activities (Inmate) (OAR 291-143) that are purchased through the canteen or authorized in writing by the staff chaplain;

(h) One acoustic guitar or other stringed instrument similar to and no larger than a guitar ordered/purchased through the canteen, and supporting equipment as appropriate (e.g., instrument strap, case, pitch pipe, and plastic picks),

(A) Instrument strings will be available for purchase through the facility canteen on a one for one exchange basis.

(B) Existing electric guitar and supporting equipment acquired through authorized means and possessed by the inmate prior to the effective date of this rule may be retained by the inmate until transfer or release.

(i) Personal and authorized books, magazines, newspapers, photos, personal mail, and any item purchased through the canteen or another approved process;

(j) Authorized legal material;

(k) Medical prosthesis approved by Health Services;

(l) Cosmetic Appliances (female inmates only): One electric hair dryer, one electric curling iron/brush, and one electric flat iron for hair;

(m) Oregon driver's license (for individual inmates assigned to minimum security facilities who have received written authorization from the functional unit manager/designee for work-related activity); and

(n) Personal Clothing: An inmate participating in an approved work release program at a minimum security facility may be authorized by the functional unit manager/designee to possess additional items of personal clothing necessary for the approved work activity.

(2) The following items are not subject to the space restrictions listed in this rule:

(a) One electric guitar and supporting equipment;

(b) One acoustic guitar and supporting equipment;

(c) One television;

(d) One radio/tape player (boom box); and

(e) Medical prosthesis approved by Health Services.

(f) Other items may be exempted from designated storage limits as approved by the functional unit manager/designee.

(3) Inmate personal property authorized at one Department of Corrections facility is authorized at all Department of Corrections facilities, except for the following items that are not allowed to transfer: 13-inch television, radio/tape player (boom box), electric guitar and supporting equipment, or other property approved as an institution-specific incentive property item (pilot project) until such time as the item is approved for all facilities departmentwide.

Stat Auth: ORS 179.040, 423.020, 423.030 & 423.075
Stat Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 6-2004, f. & cert. ef. 7-19-04

291-117-0090

Authorized Inmate Property at Initial Intake

(1) Each inmate received at intake shall possess only the following personal property items while awaiting assignment to an appropriate facility within the state system:

(a) Medical prosthesis as approved by Health Services (includes prescription eyeglasses);

(b) One plain smooth wedding band, without stones or protrusions (must be married to possess); and

(c) Authorized legal material.

(2) All property received will be inspected and inventoried. Unauthorized property or excess property will be handled in accordance with procedures set forth in Disposition of Property (OAR 291-117-0140)

(3) Money in the inmate's possession shall be received and processed in accordance with the Department of Corrections rule on Trust Accounts (Inmate).

Stat Auth: ORS 179.040, 423.020, 423.030 & 423.075
Stat Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 6-2004, f. & cert. ef. 7-19-04

291-117-0100

Authorized Legal Property

(1) Each inmate is authorized to possess in his/her living quarters, and in the facility law library, legal material in or directly pertaining to his/her own pending and active case(s)/lawsuit(s) before the courts or paroling authorities. The authorized legal material shall not exceed the capacity of storage container(s) designated by the functional unit manager/designee for storage of inmate personal property. If an inmate exceeds the capacity of available storage in his/her living quarters, additional authorized legal storage container(s) will be available for purchase (limit two). Additional legal storage containers shall only be used to store an inmate's authorized legal materials.

(2) Prior to an inmate being allowed to purchase additional legal storage container(s), the inmate must send a written request to the staff member(s) designated by the functional unit manager/designee.

(a) The staff member will verify the requesting inmate has authorized legal materials that exceed the designated storage capacity of the inmate's living quarters. The staff member will also verify the number of legal storage containers the inmate needs for the storage of his/her authorized legal materials.

(b) Once verified, the inmate will follow the procedure designated by the functional unit manager/designee regarding the purchase of authorized legal storage containers.

(3) Indigent Inmates: An inmate lacking sufficient funds in his/her trust account to pay for an additional storage container(s) for storage of authorized legal material in his/her living quarters will be provided with additional storage container(s) upon written request to the staff member(s) designated by the functional unit manager/designee. The written request must be accompanied by a signed Inmate Withdrawal Request form (CD 28). The inmate's trust account will be debited for collection of the cost(s) of the container(s) as funds become available.

(4) Excess Authorized Legal Material: If an inmate accumulates large amounts of authorized legal material that exceeds the capacity of storage available to the inmate in his/her living quarters, a reasonable amount of secure space for storage of excess authorized legal material will be provided for inmate use, on an as-needed and availability basis, in storage areas designated by the functional unit manager/designee. The following procedures will be utilized to provide for the inmate's access to and security of such materials:

(a) Inmate Organizes His/Her Own Legal Materials: The inmate shall organize and inventory his/her authorized excess legal material by case name and number, and place the material in storage containers approved by the department. All approved storage containers shall be labeled with the inmate's name, SID number, and with the case name and number. Designated staff will secure the storage containers. The inmate shall complete an Excess Authorized Legal Material Inventory List (CD 1242a). The original shall be retained with the library coordinator/designee, one copy shall be retained by the inmate, and one copy shall be placed with the stored material. Upon completion of the inventory list, the material shall be collected by designated staff and placed in a designated storage area(s).

(b) Only legal material in or directly pertaining to the inmate's own pending and active case(s)/lawsuit(s) before the courts or paroling authorities, shall be authorized for storage. The inmate may not store case law, legal texts or books, or multiple copies of legal material as excess active legal material. Any material which is determined by staff, with the assistance of legal counsel where necessary, to not directly pertain to the inmate's own pending and active case(s)/lawsuit(s) shall be collected by designated staff and placed in a standard storage box(es) for storage pending disposition as directed and approved in writing by the functional unit manager.

(c) Staff Orders Inmate to Organize His/Her Own Legal Materials: Upon receiving a written order from staff, an inmate shall have a reasonable period of time, not to exceed one week (seven calendar days), except as authorized by the functional unit manager/designee, within which to organize and inventory his/her legal material, and complete an Excess Authorized Legal Material Inventory List (CD 1242a).

(A) In the event the inmate refuses to organize and inventory his/her excess authorized legal material as ordered, the inmate shall receive a misconduct report and the material will be collected by designated staff and placed in a standard storage box(es) for storage. The box(es) will be labeled with the inmate's name and SID number and marked "Legal Material" and stored in a designated storage area.

(B) The inmate shall not have access to the stored material until he/she agrees to properly organize and inventory the material as ordered. In such event, the inmate will be permitted a reasonable amount of time for this activity, not to exceed one week (seven calendar days).

(C) In no event will such material be destroyed or removed from the facility by staff except as authorized and directed in writing by the inmate, in accordance with procedures for disposition of inmate personal property provided in this rule, or as directed and approved in writing by the functional unit manager.

(d) An inmate will be permitted reasonable access to his/her stored excess authorized legal material. An inmate may request his/her authorized legal material from designated storage at any time upon showing written documentation that an imminent court deadline (within 30 days) exists, or once each month, on an exchange basis, (e.g., by trading an equivalent amount of authorized legal material from his/her assigned cell or housing area or from the facility law library). The request must be directed to and approved by the facility library coordinator, and identify the specific material(s) requested by case number and name. Removal and exchange of excess authorized legal material from designated storage outside the facility law library shall be documented on the Excess Authorized Legal Material Inventory List (CD 1242a) and a Legal Material Transaction form (CD 1242). Both the inmate and the responsible staff shall sign the inventory list and transaction forms.

(e) Approved storage containers are property of the department. The approved storage containers will not be removed from the designated storage areas. Inmates will only be allowed to remove their own legal materials under staff supervision.

(5) Possession of Authorized Legal Material by Assigned Inmate Legal Assistants: Assigned inmate legal assistants are authorized to receive and possess legal material pertaining to another inmate's pending and active case(s)/lawsuit(s), only in the facility law library, at the request of the inmate seeking assistance. Possession of such legal material shall be for purposes of assisting the inmate with legal research and the preparation and filing of legal documents with the courts and paroling authorities.

Stat Auth: ORS 179.040, 423.020, 423.030 & 423.075
Stat Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 6-2004, f. & cert. ef. 7-19-04

291-117-0110

Transfers

(1) Authorized inmate personal property items shall be allowed to transfer with the inmate to any Department of Corrections facility, except for the following items:

(a) 13-inch television;

(b) Radio/tape player (boom box);

(c) Electric guitar and supporting equipment; and

(d) An item approved as an institution specific 'incentive property' item (pilot project) until such time as the item is approved for use at all department facilities.

(2) State-issued property shall not transfer with the inmate.

(3) Responsibility of the Sending Facility:

(a) Designated staff shall order an inmate in general population housing to prepare his/her property for transport. In such case, the property will not be inventoried until the time it reaches the receiving facility.

(b) If the inmate is in special housing, unable, or refuses to prepare the property for transfer, staff will inventory and prepare the property for transport. The designated staff shall fill out a Personal Property Inventory List CD 611 (male inmate) or CD 306 (female inmate). The form will be signed by the staff inventorying the property. Time and date shall be logged on the form. The form will be kept on file for a period of three years. A copy of the form shall be placed with the property in the designated bag/container for transporting of property.

(4) Responsibility of the Receiving Facility:

(a) Designated staff will inspect all property received. If a Personal Property Inventory List is included with the property, staff will verify the property received against that listed on the inventory list. Any discrepancy shall be noted.

(b) If an inventory list is not included with the property, staff shall inventory the property. The designated staff shall fill out the Personal Property Inventory List. Time and date shall be logged on the form. The form will be signed by the staff recording the inventory. The form will be signed by the inmate when the property is released.

(c) If the inmate refuses to sign the form, that fact will be noted on the form by the staff taking the inventory and by a second staff present. The inmate will receive a copy of the inventory form. The form will be kept on file for a period of three years.

(d) Any property received that is in excess of the allowed storage capacity of the receiving facility shall be considered excess property and shall be handled in accordance with procedures set forth in Disposition of Property (OAR 291-117-0140).

(5) Generally, property will be transferred at the same time the inmate is transferred. Property that does not fit on the department's transport vehicle at the time of transfer will be transferred at a later date. Transport officers are responsible for inmate property from the time the property is picked up at the sending facility until it is dropped off at the receiving facility.

(6) Transfers to Facilities Other Than Department of Corrections: If the inmate is transferred to a facility other than the Department of Corrections, it shall be the responsibility of the inmate to make arrangements to have the property mailed out or picked up by a designated individual. The inmate shall be responsible for the cost of postage to mail the item(s). If the inmate has not made these arrangements 45 days from the date of transfer, the property shall be disposed of as excess property in accordance with procedures set forth in Disposition of Property (OAR 291-117-0140).

Stat Auth: ORS 179.040, 423.020, 423.030 & 423.075
Stat Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 6-2004, f. & cert. ef. 7-19-04

291-117-0120

Control of Property

(1) Property must be kept in authorized areas. Property in unauthorized areas shall be considered contraband and unauthorized property, and shall result in confiscation of the item and/or disciplinary action.

(2) There shall be no pictures/drawings of nudity, genitalia, or depictions of sexual acts displayed in an inmate's living quarters.

(3) An inmate shall not alter or otherwise tamper with or use any personal property item for other than the item's intended purpose. Unauthorized alteration or use of an authorized personal property item for other than its intended purpose may result in confiscation of the item and/or disciplinary action.

(4) An inmate shall not give, receive, loan, sell, or otherwise exchange property with another inmate, except as authorized in OAR 291-117-0100 (Possession of Authorized Legal Material by Assigned Inmate Legal Assistants).

(5) When an inmate is moved from general population to special housing, his/her personal property shall be inventoried, secured, and stored until such time that the inmate is released back to general population or transferred. Staff shall utilize the Personal Property Inventory List CD 611 (male inmate) and CD 306 (female inmate) for such purposes.

(6) When an inmate is transported from the facility for court appearances, medical trip or other authorized trip for a period longer than 24 hours, his/her personal property shall be inventoried, secured, and stored until such time the inmate returns to the facility. Staff shall utilize the Personal Property Inventory List CD 611 (male inmate) or CD 306 (female inmate) for such purposes.

(7) An inmate may arrange through designated staff to dispose of personal property at the inmate's expense. Disposition may include arrangements for pick up at the facility by a designated individual, or donation to an organization, if authorized by the functional unit manager/designee. Any costs associated with disposition of the property will be the responsibility of the inmate.

(8) Any inmate being released on parole, post-prison supervision, or expiration of sentence shall take all personal property with him/her at the time release. The inmate shall confirm in writing receipt of the property.

(9) The department may dispose of property only within the context of these rules. Disposition of property may include destruction or donation of such property.

Stat Auth: ORS 179.040, 423.020, 423.030 & 423.075
Stat Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 6-2004, f. & cert. ef. 7-19-04

291-117-0130

Limitations on Value/Liability/Inmate Personal Property Claims

(1) No inmate may possess any single item of personal property that exceeds $100 in value, excluding one television, one approved musical instrument, one approved graphing calculator; and approved medical prosthesis. No inmate may possess personal property the aggregate value of which exceeds $1000, excluding approved medical prosthesis. When determining the aggregate value of inmate property, the inmate may be required to produce receipts or authorization slips for any item valued at $75 or greater.

(2) Each inmate is responsible for his/her own authorized property. In permitting inmates to retain items of personal property while incarcerated, the Department of Corrections accepts no liability for the theft, loss, damage, or destruction of such property resulting from the intentional, willful, reckless or negligent act or activities of any inmate which exposes such property to loss, damage, theft or destruction.

(3) An inmate's authorized personal property that may have been lost, damaged, or destroyed because of operations of the department shall be reported by the inmate immediately upon discovery. Upon receiving an inmate's report or grievance, the department shall conduct an investigation. Following completion of the investigation, the department may in its sole discretion, and without admission of liability, replace an inmate's personal property that is lost, damaged or stolen while the inmate is incarcerated in a department facility, subject to the following limitations:

(a) The department may replace an item with an identical or similar item when the value of the item that is lost, damaged or stolen may reasonably be determined by the department.

(b) The department will not replace an inmate's personal television or musical instrument.

(4) Nothing in this rule is intended to preclude an inmate from seeking resolution to a personal property claim through the Oregon Tort Claims Act administered by the Oregon Department of Administrative Services Risk Management Division.

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 6-2004, f. & cert. ef. 7-19-04; DOC 12-2006, f. 10-18-06, cert. ef. 11-1-06

291-117-0140

Disposition of Inmate Property

(1) Disposition of Unauthorized/ Excess Property at Intake:

(a) Items that are not authorized and considered not dangerous shall be packaged and mailed out at the inmate's expense. If the inmate lacks sufficient funds to mail out the property, arrangements may be made for the property to be picked up at the facility by a person designated by the inmate. Otherwise, the department shall mail out the property to a person designated by the inmate, and the inmate's trust account shall be debited.

(b) To permit the department to mail out an inmate's property, the inmate must provide staff with the name and street address of the person designated by the inmate to receive the property. If the property is returned because it is undeliverable, e.g., mail refused or no such address, the department shall make a second attempt to mail out the property if the inmate provides staff with an alternate address. If the property is returned to the facility a second time, the department shall confiscate the property and discard it.

(c) The department will not mail out any item(s) considered dangerous or hazardous including, but not limited to, ammunition, knives, lighters, and batteries. Oregon Trail cards will not be mailed out. Oregon Trail cards shall be processed as agreed upon by the department and the Department of Human Services.

(d) All items identified for mailing out/disposal shall be noted on the Personal Property and Clothing Inventory List (CD 353-C). The form shall be signed by the staff inventorying the property and the inmate.

(e) The form will be kept on file for a period of three years. A copy of the inventory form will accompany the item(s) mailed out.

(2) Disposition of Excess Property:

(a) Inmate personal property that exceeds the capacity of the facility's designated storage space shall be considered excess property. Excess property shall be mailed out at the inmate's expense or discarded. Excess property that is not mailed out or discarded at the direction of inmate shall be considered contraband, and may result in confiscation of the item(s) and/or disciplinary action.

(b) Staff shall direct inmates in writing to bring their aggregate property within the capacity of designated storage space. The facility will hold an inmate's excess property for no more than 45 days following the date of staff's written order directing the inmate to mail out or dispose of the inmate's excess property. If after 45 days the inmate has not made arrangements to mail out or dispose of the item(s), the department shall confiscate the property as contraband and discard it.

(3) Disposition of Unclaimed Property: Inmate personal property items that the department cannot identify as the property of a specific inmate shall be confiscated and held by the department for no more than 45 days. If after 45 days the property items remain unclaimed, the department shall discard the items.

(4) Disposition of Abandoned Property:

(a) Upon the Inmate's Release or Death: Inmate personal property that is left with the department upon an inmate's release from a department facility or death shall be processed and disposed of as follows:

(A) Staff will secure, inventory, and place the inmate's property in a secure area.

(B) Staff will attempt to contact the person(s) on the inmate's notification record to take possession of the property. If contact is made with the person(s), and if the person decides to claim and take possession of the inmate's property, the person must make arrangements with the designated staff to pick up the property at the facility or for the property to be mailed to the person. If the person picks up the property at the facility, the person must sign and provide staff with a property receipt before taking possession of the property. If the person makes arrangements to take delivery of the property by mail, the property will be mailed to the person certified mail, return receipt requested. Staff will document the property transfer, and place and maintain the property inventory and signed property receipt (or, in the case of mailing, the certified mail return receipt) in the inmate's institution file and such other files, if any, that the facility maintains for such records.

(C) The department will store the inmate's property for no more than 45 days following the inmate's release or death. If after 45 days the property remains unclaimed, the department shall confiscate the property and discard it.

(b) Upon the Inmate's Escape:

(A) The department is not responsible for any loss or damage to inmate personal property that is left with the department upon an inmate's escape from an ODOC confinement or custody.

(B) In the event of escape, the inmate's property shall be confiscated, searched, inventoried and placed in evidence or property room in a secure area.

(C) If the inmate is not returned to the custody of the department within 45 days, and the property is not being held for evidence, the department shall discard the property.

(c) Voluntary Abandonment: Inmate personal property that is voluntarily abandoned by an inmate during confinement in an ODOC facility shall be disposed of as excess property.

(d) Funds held in the inmate's trust account shall be disposed of in accordance with the department's rule on Trust Account (Inmate) (OAR 291-158).

(e) Books and Shoes: Abandoned books will be stamped as department property and placed in the facility library. Abandoned shoes will be discarded.

(5) Disposition of Property Held as Evidence: Inmate personal property items that have been confiscated and held by the department as evidence in a disciplinary investigation shall be returned to the inmate upon conclusion of the investigation and any subsequent disciplinary hearing/case, if the inmate is found not to have violated the rules of prohibited inmate conduct, and the property item(s) is not classified as contraband.

(6) Disposition of Certain "Valuable" Property Items: Notwithstanding the dispositional rules set forth above, the department shall hold jewelry, approved religious items, and any other functional inmate property item that cost $75 or more, excluding books and shoes, for a period of no more than two years. If after two years the property remains unclaimed, the department shall confiscate and dispose of the item(s).

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075
Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075
Hist.: DOC 6-2004, f. & cert. ef. 7-19-04; DOC 12-2006, f. 10-18-06, cert. ef. 11-1-06

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